Law firms highly desire mass tort litigation because it can be very profitable, and more personal injury firms are adding mass tort cases to their portfolio. According to the National Trial Lawyers Organization, mass tort cases made up over 36% of the federal civil docket in 2017.

Marketing in the legal profession can be difficult. According to the American Bar Association, there are 1.3 million lawyers in the U.S. Therefore, competition is exceptionally high, and law firms must be aggressive in their marketing efforts to prove their value among competitors and reach qualified leads that may be skeptical of their services.

The best practices to reach potential leads necessitate investing more time, money, and resources. This article provides approaches and recommendations to effectively and ethically market for mass tort cases.
For individual cases, such as personal injury cases, law firm marketing tends to be vague because each case can differ drastically, involving various injuries, circumstances, at-fault parties, etc. However, in mass tort cases, victims have similar circumstances, suffer from common injuries, and share culprits. Therefore, mass tort marketing can be highly specific to address those widespread concerns. For example, it can reference specific companies at fault and particular injuries rather than using vague marketing language to capture as many leads as possible, which is common in traditional marketing.

Recruiting clients for mass tort cases may be problematic, as they might wrongfully believe they would need to share any compensation awarded with a larger group, therefore opting for individual representation. While this is the case in class action lawsuits, it’s not the same with tort cases. Thus, to successfully recruit clients for mass tort cases, law firms may need to make a concerted effort to educate clients on the benefits of mass tort litigation as part of their marketing strategy.
Proper preparation is essential for a successful marketing campaign, and taking these initial steps can set you up for long-term success:

Educate yourself on the issue

When the public starts becoming aware that a product or service is dangerous and is causing serious harm or death to consumers, you must research and educate yourself on the issue. Stay one step ahead of the litigation.

Identify your ideal clientele

To do so, you can create several profiles of the ideal client for every service you provide. Each client profile should consist of client demographic information, their goals and motivations, and their difficulties and pain points.
After you’ve educated yourself on the issue and you’ve identified your ideal clientele, aim to be the first or among the first law firms to break the story to the public and launch your ad campaigns as soon as possible and be ahead of the competition.

After these initial preparatory steps, consider the following essential strategies:
For individual cases, such as personal injury cases, law firm marketing tends to be vague because each case can differ drastically, involving various injuries, circumstances, at-fault parties, etc. However, in mass tort cases, victims have similar circumstances, suffer from common injuries, and share culprits. Therefore, mass tort marketing can be highly specific to address those widespread concerns. For example, it can reference specific companies at fault and particular injuries rather than using vague marketing language to capture as many leads as possible, which is common in traditional marketing.

Recruiting clients for mass tort cases may be problematic, as they might wrongfully believe they would need to share any compensation awarded with a larger group, therefore opting for individual representation. While this is the case in class action lawsuits, it’s not the same with tort cases. Thus, to successfully recruit clients for mass tort cases, law firms may need to make a concerted effort to educate clients on the benefits of mass tort litigation as part of their marketing strategy.

Pharmaceuticals

Consumer products

Pharmaceuticals​

Consumer products

Catastrophic personal injury

Sexual abuse and assault

Medical devices, products & implants

Catastrophic personal injury

Sexual abuse and assault

Medical devices, products & implants

Identifying your ideal clientele will steer your marketing strategy. To get started, build several profiles of your ideal clientele for every practice area and service you provide. A client profile should include client demographic information, their goals and motivations, and their difficulties and pain points.

For example, suppose you’re recruiting child sex abuse clients against the Boys Scouts of America. In that case, your client profile could be males between a certain age (calculate the age range by researching when BSA started, how old the victims would be today and the current minimum age of children who join BSA today) who have suffered physically, emotionally, or financially from the abuse they experienced.

After identifying your ideal clientele, you can develop an internal marketing funnel to better analyze client behavior to help turn your website visitors into clients. A marketing funnel is an inbound process that captures a client’s journey from finding your firm to hiring you as their attorney and includes three phases:

Awareness

When the prospect realizes they have a problem in the mass tort space and begin researching to understand their situation better. Potential client problems can relate to defective products, product liability cases, claims against pharmaceutical companies, or other potential claims.

Consideration

When the client starts to define their problem and searches for solutions

Decision

When the client begins researching attorneys to help with their problem
Taking the time to build a client profile proactively can help you generate quality leads on an ongoing basis. This long-term strategy can save you the time and resources you may otherwise waste creating multiple ad-hoc client recruitment campaigns that may attract a lower quality of clients.

There are many digital and traditional marketing campaigns that you can employ, but your client profile should help dictate your choice. You can and should use both forms of marketing to expand your reach after careful consideration of your target clientele.

For example, suppose your target clientele is millennials. In that case, you might focus most of your marketing efforts on social media but still air television or radio ads during peak hours or programs popular with millennials. There’s no one-size-fits-all approach to marketing. It’s dynamic and based on factors included in your client profile such as age, occupation, schedule, hobbies, etc.

Forms of digital and traditional marketing include:

Defining your goals and setting up metrics to measure those goals is critical in the early stages of establishing an effective marketing strategy. Doing so includes:

Identifying your metrics

The seven most common metrics are:

Determining measurement tools

Determine which software you will use to measure the metrics mentioned above, such as website analytics, social media management platforms, email marketing software, or all-in-one software that tracks metrics from different platforms, including HubSpot or Marketo, which are popular among law firms.

You can use the results from your measuring tools to conduct a SWOT (strength, weakness, opportunity, threat) analysis of your marketing plan. You should implement strategies to re-evaluate, pivot, and optimize your marketing efforts accordingly.
After creating your client profiles and devising a marketing plan, you’re ready to put the plan into action. Marketing and client intake are synergistic. Marketing campaigns aim to ultimately collect prospective client contact information to include in your database. Otherwise, your marketing efforts are not as effective as they should be. An effective marketing strategy puts your firm on a client’s radar, informing them of your firm’s competence and instilling confidence in your ability to help them solve their problem, which in turn generates leads.
Digital marketing is a highly effective form of marketing that casts a wide net to reach prospective clients from different geographic areas.

Digital ads should always redirect the user to your website, specifically to the portion that relates to their query. For example, if a user clicks on your ad about a recalled drug, the link should direct them to the part of your website about pharmaceutical lawsuits.
Traditional marketing can be more effective for demographics that have limited access to the internet and digital marketing. Traditional marketing reaches your audience through:

TV commercials

TV is considered one of the most effective media outlets for personal injury ads, sometimes reaching clients before getting on the internet, especially hospitalized victims. TV ads are popular as they are often heavily produced, catchy (including music or jingles), and evoke emotional responses.

Radio commercials

Radio is compelling because it captures a broad demographic of all ages with ads that are catchy and dynamic, repetitive, and create a sense of urgency.

Billboards

These are effective because they are visible to commuters and use concise messaging and powerful imagery to convey a specific tone or emotion.

Newspapers

Often, specific demographics subscribe to newspapers, making them ideal advertising sources for certain clientele.

Content Marketing

Content marketing focuses on the creation, publication, and distribution of media content targeted to a specific online audience via:
Lead generation companies are a third-party company that helps organizations generate leads for their products and services from new clients not in their existing pipeline. Lead generation companies can help with a business’s advertising and growth, but outsourcing services can be a gamble.
Choosing to outsource your services is a gamble that requires a lot of trust in the outsourcing company, so it’s paramount you do your due diligence when searching for the right company to do business with. You should look for companies with proven track records of working with law firms successfully. You also want a company that’s savvy in all the marketing strategies discussed in this article.

Verify that the company has actual people vetting leads rather than auto-generated leads of sub-par quality. Also, make sure to have an efficient, streamlined process that allows you to call leads within five minutes of receiving them or have a system in place to remind you to follow up multiple times if you cannot reach them the first time.

If you don’t have a call center and you’re outsourcing that service, ensure that the company has accurate reporting tools for inbound calls received to help you determine if your marketing campaign is working or if there are issues with an intake that need addressing.

You should look for the following qualities in an outsourcing company:

Once your firm has successfully generated leads and signed on cases, employing the right case management company can assist you in the plethora of administrative tasks associated with mass tort cases. These tasks can range from managing client relationships, developing cases with medical record reviews, and preparing client case files for settlement positioning.